From the February 2012 issue of National Underwriter Life & Health Magazine • Subscribe!

SEC Brings Up Charges on Life Partners Holdings

The SEC announced on Jan. 3 that disclosure and accounting fraud charges will be levied against Life Partners Holdings Inc., (NASDAQ GS: LPHI) a Waco-based, publicly traded life settlement firm that is considered a pioneer in the secondary market.

The SEC also alleges that CEO Brian Pardo, general counsel Scott Paden and CFO David Marten misled shareholders by failing to alert them of an important and essentially detrimental risk that the company was taking. The allegations state that Life Partners Inc. was “systematically and materially underestimating the life expectancy estimates that it used to price transactions.” The three executives are alleged to have then overvalued the assets held on the company’s books in the interest of creating the appearance of a consistent flow of income from the life settlement transactions.

The allegations state that since 1999, Life Partners Inc. have utilized the services of a Dr. Donald T. Cassidy, a Reno, Nev.-based hematologist/oncologist, records show, with no actuarial training. Dr. Cassidy apparently utilized a life expectancy methodology that was formulated by a former underwriter and current partner in the company that underestimated life expectancies therefore making the policies that were being sold appear more attractive to investors. Dr. Cassidy was busy with patients when NU called.

The SEC alleges that during the process of artificially underestimating the life expectancy of policyholders that Pardo and Paden then sold $11.5 million and $300,000 respectively in Life Partners stock at inflated prices.

In an emailed statement, Life Partners’ Chairman Pardo, stated, “It is very disappointing that the SEC has chosen to pursue litigation over issues that we believe have no merit and financial presentation issues that we do not believe are material. We have always done our best to deliver value to our shareholders and to run an honest and transparent company. We intend to vigorously defend ourselves against these meritless claims.”

 

About the Author
Elizabeth Festa

Elizabeth Festa

Elizabeth Festa, Regulatory & Compliance News Editor for LifeHealthPro.com, is a longtime financial and regulatory affairs journalist with a background in insurance, securities, the investment advisor space and telecomm deregulation, both in Washington and New York. She has worked at everything from old-school newsletter sheets punched into binders to an international wire service to a hyper-local blog, and has free-lanced for major and regional newspapers and magazines on a variety for features, real estate and lifestyle stories. She found herself covering insurance when all her colleagues covered banking, and figured an actuary could talk circles around a banker and stay in a Rolodex (she still uses one) a lot longer. Elizabeth learned insurance regulatory issues on the back of the demutualization/investment bank movement and Glass Steagall reform efforts in the late 1990s and went religiously to four NAIC meetings a year, sitting in the cheap seats in back with the skeptical accountants, heckling consultants and the pacing consumer advocates. Fast forward, after a decade of real estate and Internet company boom and bust, and she is back on the beat again, covering insurance modernization, which is an evolving process, she has learned, not a destination. Festa can be reached at efesta@sbmedia.com

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